1 MCA-150.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO. 150 OF 2014
Changdeo s/o Vithal Girme
age 66 years, occup. Agril.,
R/o Sakuri, Tq. Rahata,
Dist. Ahmednagar .. Applicant
versus
1. Haribhau s/o Vithal Girme,
Age : major, occup. Agril.,
2. Pandurang s/o Vithal Girme,
Age : Major, occup. Agril.,
3. Laxman s/o Vithal Girme,
Age : major, occup. Agril.,
4. Dnyaneshwar s/o Vithal Girme,
Age : major, occup. Agril.,
5. Sopan s/o Vithal Girme,
Age : Major, occup. : Agril.,
6. Dattatraya s/o Haribhau Girme,
Age: major, occup. Agril.,
All r/o Yerandgaon, Tq. Yeola,
Dist. Nashik
7. Kailas s/o Pandurang Girme,
Age : Major, occup. Agril.,
R/o Sakuri, Tq. Rahata,
Dist. Ahmednagar
8. Shantabai w/o Dinkar Tilekar,
Age : major, occup. Household,
R/o Sonewadi, Tq. Kopargaon,
Dist. Ahmednagar.
9. Gangubai w/o Prabhakar Landge,
Age : major, occup. Household,
R/o Ranjankhol, Tq. Rahata,
Dist. Ahmednagar
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10. Parwatibai w/o Karbhari Wagh,
Age : Major, occup. Household,
R/o Yerandgaon, Tq. Yeola,
Dist. Nashik .. Respondents
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Mr. Yuvraj S. Choudhari, Advocate for applicant
Mr. C. V. Korhalkar, Advocate for respondents no. 2 and 7
CORAM : SUNIL P. DESHMUKH, J.
DATE : 27TH MARCH, 2017 ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith.
2. Heard learned counsel for the parties finally by consent.
3. Despite service, respondent no. 3 who had instituted proceedings in court at Yeola in respect of properties which appear to be properties in litigation pending at Rahata, is absent.
4. Learned counsel for the applicant points out that as many as four proceedings are pending for partition and separate possession of properties, inter alia, comprising the properties involved in proceedings bearing regular civil suit no. 139 of 2011 pending before civil judge, junior division, Yeola.
5. Learned counsel further points out that there are three proceedings bearing regular civil suits no. 237 of 2011, 56 of 2012 and 735 of 2013 pending before civil judge, junior division, Rahata which include properties involved in regular civil suit no. 139 of 2011 pending in court at Yeola.
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3 MCA-150.14.doc
6. Non appearance on behalf of respondent no. 3 who is plaintiff in regular civil suit no. 139 of 2011 at Yeola to a large extent appears to be depiction of tacit consent to the request made under the present application for transfer of regular civil suit no. 139 of 2011 from Yeola to the court where the other three suits referred to above are pending.
7. Learned counsel for respondents no. 2 and 7 has no particular objection if the proceedings at Yeola are transferred. He consents for transfer on instructions.
8. In view of aforesaid, miscellaneous civil application stands granted in terms of prayer clause (A) and is disposed of.
9. Rule made absolute accordingly.
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